Integrity Trust et al v. Capital One, N.A. et al

Filing 41

ORDER Awarding Fees and Dismissing Case, by Judge Robert S. Lasnik. (SWT)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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INTEGRITY TRUST, by its trustee, Jon
Cuddeback,

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Plaintiff,

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v.

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CAPITAL ONE, N.A., et al.,

Case No. C16-927RSL

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ORDER AWARDING FEES AND
DISMISSING CASE

Defendants.

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This matter initially came before the Court on defendants Capital One, N.A. and MERS’s

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motion for Rule 11 sanctions and attorneys’ fees. Dkt. # 29. Pursuant to this Court’s order

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granting that motion, Dkt. # 39, defendants submitted a declaration setting forth the expenses

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incurred in defending this action, Dkt. ## 40, 40-1, 40-2. Plaintiff did not respond. Having

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reviewed defendants’ submissions and the remainder of the record, the Court finds as follows.

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Defendants seek attorney’s fees in the amount of $55,175 (143.5 hours at a rate of $365

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per hour, plus 12.4 hours at a rate of $225 per hour), plus costs in the amount of $518.02. Dkt.

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# 40, ¶ 3. Having reviewed the declaration and timekeeping exhibits submitted by defendants’

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counsel, the Court finds that the hours expended on this litigation and the rates charged by

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defendants’ counsel are reasonable. See Intel Corp. v. Terabyte Int’l, Inc. 6 F.3d 614, 622 (9th

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Cir. 1993). Accordingly, the Court concludes that fees and costs in the amount of $55,693.02

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are reasonable. Moreover, sanctions of $55,693.02 are appropriate to deter Integrity Trust, the

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ORDER AWARDING FEES
AND DISMISSING CASE - 1

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Alexanders, and Mr. Sandlin from filing a fourth frivolous lawsuit. See Fed. R. Civ. P. 11(c)(4).

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Accordingly, plaintiff and plaintiff’s counsel, J.J. Sandlin, shall, within 90 days of the

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date of this order, together reimburse defendants Capital One, N.A. and MERS for fees and costs

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in the total amount of $55,693.02. The Clerk of Court is directed to enter judgment for

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defendants Capital One, N.A. and Mortgage Electronic Registration Systems, Inc. and against

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plaintiff Integrity Trust in the amount of $55,693.02.

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Additionally, in light of plaintiff’s failure to show cause why plaintiff’s action against

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defendants Chevy Chase Bank, Chicago Title Company, and John Does 1-50 should not be

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dismissed, see Dkt. ## 28, 31, plaintiff’s claims against those defendants are hereby dismissed.

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The Clerk of Court is directed to enter judgment for defendants Chevy Chase Bank, Chicago

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Title Company, and John Does 1-50 and against plaintiff Integrity Trust.

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SO ORDERED this 25th day of April, 2017.

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A

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Robert S. Lasnik
United States District Judge

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ORDER AWARDING FEES
AND DISMISSING CASE - 2